Can My Boss Force Me Back to Work Too Soon After an Injury?
After suffering an injury while on the job, you’re going to be busy healing, which is what you should be focused on. Of course, your ultimate goal will be to return to work if possible, but it’s not going to be your primary focus until your injury is on its way to being fully healed. Unfortunately, your boss may need you back earlier. As such when consulting a workers comp attorney orange county residents often ask, “can my boss force me back to work too soon after an injury?” Here’s the answer.
Only Your Physician Can Release You For Work
Your boss does not have a say in when you can return to work following a work-related injury. It’s that simple, but your boss may try to rush you back. Not only do they probably need you at work to meet their business goals, but their workers compensation insurance company also wants to stop paying for your medical bills.
Keep in mind that it doesn’t matter what your boss or their insurance company wants or needs. Your physician is the only person or entity that can decide if you are ready to return to work, even in a limited capacity. Until you get this release and receive a Notice of Ability to Return to Work, you should not go back to the job.
Returning to work too soon after your injury can affect your healing process and may even lead to a more severe injury. Even if you think you can perform your job duties, wait until your doctor clears you before returning. If you are feeling pressured to return to work because of financial reasons, consult an attorney to see if they can negotiate better compensation terms.
Notice of Ability to Return to Work
When your doctor tells you it’s okay to return to work, you will receive a Notice of Ability to Return to Work from the workers compensation insurance company. This document will outline the conditions under which you can return to work. For instance, you may only be able to perform light duty jobs for a period of time to give your body additional time to heal.
You and your doctor should discuss what duties you will be fit to perform upon your return from work before they tell the insurance company you’re ready to go back to the job. This is the time to ask your physician about the types of duties you can perform and which ones you should avoid. Your doctor should then communicate these restrictions to the insurance company to document in your letter.
What If You’re Not Ready to Go Back to Work?
You might not feel like you’re ready to return to work even after your doctor releases you. Or, your personal doctor might disagree with the workers compensation doctor. In either of these cases, consult a workers compensation attorney to negotiate your return.
Conclusion
The bottom line is that after a work-related injury, you should never go back to work until your body can handle your job duties without risk of further injury. While your doctor is the primary decision maker in this case, you still have the right to object to returning to work too early. Check with an experienced workers comp attorney if you have any doubts about your rights.